The National Labor Relations Board (NLRB), an independent federal agency responsible for protecting the right of private sector employees to unionize, has used its power to issue a number of rulemakings that ease the unionization process and severely limit the rights of employers. The Auto Care Association is an active member in the Coalition for a Democratic Workplace (CDW) and has been a party to multiple lawsuits pertaining to the following rulemakings:

  • Reinterpreting what constitutes “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) by greatly expanding reporting requirements regarding union-related internal and external communications with employees;
  • Expanding the definition of a “joint employer” – a term used to determine when a business should be deemed responsible for the labor practices of an associated company;
  • Setting forth new procedures for “ambush” elections, which are secret ballot elections held within 10-21 days following a union petition to determine if employees wish to be represented for purposes of collective bargaining; and
  • Development of a new standard for determining composition of bargaining units, leading to unions dividing the workplace into additional smaller units, referred to as “micro-unions.”

The business community has had some success challenging these provisions in the courts and the Department of Labor under the current administration has shown interest in rolling back numerous rules. In addition, Congress continues to introduce legislation providing businesses, both large and small, relief from the added regulatory requirements.

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